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LEGAL AND
ETHICAL
PRACTICES
Law - rule of conduct or actionprescribed or formally recognized as
binding or enforced by a controlling
authority.
Criminal Law - deals
with offences against
all citizens. Offendercan go to prison or
jail.
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TORTS
Tort - from the French word wrong.
It can be defined as a civil wrong
committed against a person or property
excluding breach of contract.
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Malpractice - Interpreted as bad
practice and includes providing
improper or unprofessional treatmentor care that results in injury to the
patient.
TORTSTORTS
Negligence - Person at fault failed to
do what a reasonable and careful
person would have done, or did what a
reasonable and careful person would not
have done. Also can be defined as
failure to take reasonable precautions to
protect others from the risk of harm.
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Assault - any willful attempt or threat
to injure another person with the
apparent ability to do so.
Battery - unlawful touching ofanother person without consent.
Informed Consent
The patient / client understands the
reason for treatment.They understand:
What will be done.
Who will do it.
How it will be done.Expected outcomes.
Patient must also understand treatment
alternatives and the consequences of
not having treatment.
TORTSTORTS
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Invasion of Privacy
Unnecessary exposure of an
individual or revealing personalinformation about an individual
without consent.
False Imprisonment
Restraining an individual or restricting
an individuals freedom.
TORTSTORTS
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Defamation of Character - damaging
a persons name and reputation by
making public statements that are false
and malicious.
Libel - if the
information releasedis written.
Slander - if theinformation
released is spoken.
TORTSTORTS
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Abuse
Any care that results in physical harm,
pain, or medical anguish. Abuse can be
classified as:
Physical - hitting, forcing
persons against their will,
restraining movements,depriving of food orH2O, or
not providing physical care.
Verbal- talking harshly, swearing
or shouting, teasing, ridiculing,
intimidating a person.
TORTSTORTS
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Abuse ( continued)
Sexual - any unwanted sexual
touching or act.
** Laws in all states require
reporting of any form of
abuse to proper authorities. **
TORTSTORTS
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CONTRACTS
Contract is a
voluntary agreement
between two parties
1. Offer - competent individual enters
into a relationship with health care
providers and offers to be a patient.
2.Acceptance - health care provider
gives an appointment or examines ortreats a patient.
3. Consideration -payment made by
patient for services provided.
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Types of Contracts:
1. Implied - gives rise to contractual
obligations by some action or
inaction without verballyexpressed terms.
2. Expressed - actual agreement between
the parties, the terms are stated in distinctand explicit language, either orally or in
writing.
All parties in a contract must be free
oflegal disabilities. A person with
legal disabilities does not have the
legal capacity to form a contract.
CONTRACTS
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Minors - anyone
under 18 or the age of
majority, is called an
infant under the law.
Legal DisabilityLegal Disability
Minors
Mentally incompetent persons
Individuals under the
influence of drugs that
alter the mental state
Semi- or unconscious people
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LAWOF THEAGENCY
Agency is a personal relationship,
created by the mutual consent of:
TheAgent (employee) and the
Principal (employer) wherein the
employee acts on behalf of the
principal while supervised by the
principal.
Agency may be expressedorimplied,
but is usually implied in the medical
office.
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PRIVILEGED
COMMUNICATION
Covers all information given tohealth
personnel by a patient.
Physician - Patient Information cannot be told to
anyone else without the written consent of the
patient.
Written consent should state:
1.What information can be released.2.Who can get the information.
3. Any time limits related to the release of
information.
Medical Information Exempt by Law1. Births and Deaths.2. Injuries caused by Violence. (abuse, etc.)
3. Drug Abuse.
4. Communicable Diseases.
5. Sexually Transmitted Diseases.
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HEALTH
CARE
RECORDS
Contains information on the
care that has been provided to the
patient.
Medical records belong to the health
care provider but the patient has the
right to obtain a copy.
The medical record is a legal document
and may be subpoenaed as evidence in
court.
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Errors must be corrected by drawing a
single line through the mistake,writing in the correction, dating the
change, and signing your initials.
Records must be kept as required bystate law (2-7 years).
When records are destroyed, they
should be shredded or burned.
Health Care Records
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YOU BE THE
JUDGE!!
Dan, a medical office assistant in a busy
clinic, is a sympathetic and understanding
employee. Recently, when an elderly patient
called the clinic complaining that she just
felt awful most of the time. Dan consoled
her. Dont worry,Mrs.. Smith, he told
the women. Dr Jones willmake you feel better in no time.
1. Has Dan, acting as Dr. Jones agent,
created an implied contract with Mrs.
Smith? Why or why not?2. If so, can Dr. Jones be sued by Mrs.
Smith if he fails to fulfill the terms of the
contract?Why or why not?
3. How would you have responded toMrs.
Smith?
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PATIENTS BILL
OF RIGHTS
A patient has the right to:
1. Considerate and respectful care
2. Obtain complete, current information concerning
diagnosis, treatment, and prognosis
3. Receive information necessary to give informedconsent prior to the start of any procedure or
treatment
4. Refuse treatment to the extent permitted under law
5. Privacy concerning a medical-care program
6. Confidential treatment of all communications and
records
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PATIENTS BILL O
RIGHTS (continued
The patient has the right to;
7. Reasonable response to a request for services
8. Obtain information regarding any relationship of the
hospital to other health care and educationalinstitutions
9. Be advised of and have the right to refuse to
participate in any research project
10. Expect reasonable continuity of care
11. Examine bills and receive and explanation of all
charges
12. Be informed of any hospital rules or regulations